A bench headed by NGT Chairperson Justice Swatanter Kumar also issued notice to the National Highways Authority of India (NHAI), National Tiger Conservation Authority, the Pollution Control Board and Forest Department of Assam, on the plea which also alleged violation of environmental clearance (EC) granted to Numaligarh Refinery Limited.
"Issue notice to non-applicants in the main application. Returnable on September 5, 2013," the bench said.
The petition, filed through advocate Ritwick Dutta, has opposed widening of that portion of the highway which is passing through the sanctuary saying "continued unregulated use of NH 37 is resulting in death of wild animals and reptiles in large numbers in road accidents" and its expansion will further aggravate the situation.
"It is submitted that if immediate measures are not taken then operation of road will continue to do the damage which cannot be compensated in any terms," the petition said.
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The petition said the condition, for diversion of NH 37 and the subsequent denotification of the highway, was incorporated in the EC by taking into account the fact that increased traffic movement and congestion will take place in the area due to setting up of the Numaligarh refinery.
Choudhury also sought action against the agency concerned including government officials for willful non-compliance of the EC condition.